Church v. Sparrow
New York Supreme Court
This was an action of assumpsit, tried at the Madison circuit, before the Hon. Samuel Nelson, one of the circuit judges. The defendants were co-partners in trade; Goodsell residing at Hamilton, in the countjr 0f Madison, where the defendants carried on business as merchants, and Sparrow residing at Cooperstown, in the county of Otsego. In January, 1828, Goodsell borrowed of the plaintiff $150, saying that he wanted the money to send to Sparrow.
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This was an action of assumpsit, tried at the Madison circuit, before the Hon. Samuel Nelson, one of the circuit judges. The defendants were co-partners in trade; Goodsell residing at Hamilton, in the countjr 0f Madison, where the defendants carried on business as merchants, and Sparrow residing at Cooperstown, in the county of Otsego. In January, 1828, Goodsell borrowed of the plaintiff $150, saying that he wanted the money to send to Sparrow. It was proved that Goodsell was in the habit of transmitting money to Sparrow, by taking it to the town of Sherburne, and from thence forwarding it by…
1Opinion of the Court
By the Court,
Marcy, J.
Where a general partnership exists, and money is borrowed by one of the firm in the name of the firm, all the partners are liable, although the money when obtained be appropriated by the partner borrowing it to his own use. So, also, they are liable where one of the firm borrows money, (not expressly on his individual credit,) and it is shewn that it was borrowed for and appropriated to the use of the firm. Whether the money in this case was so borrowed and appropriated is a question which ought to be submitted to a jury, and we therefore order a new trial, although,…
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